HYDER ALI KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Section 439 of Cr.P.C., for granting regular bail in Crime No.17/2021 registered by East Zone Women Police Station for the offences punishable under Sections 4, 3(a), 5(l), 6 of the Protection of Children from Sexual Offences Act, 2012 (for short POCSO Act ) and Section 376(1) of the Indian Penal Code, 1860 (for short IPC ).

(2.) Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1 - State. The age of the victim is 16 years, therefore, notice is required to be issued to the parents of the victim or the complainant. The complainant-mother of the victim is said to be unwell. Hence, notice is required to be issued to the father of the victim. However, Sri Mazhar Pasha, the father of the victim has voluntarily appeared before the Court today. The presence of the father of the victim is verified on production of his Aadhaar card.

(3.) The case of the prosecution is that Smt. Salma -mother of the victim filed a complaint on 27.01.2021 alleging that the accused used to visit her house often and often on the pretext of meeting complainant s son and on account of frequent visit to the house of the complainant, the accused and complainant s daughter became friends and the said friendship developed in love. On 11.02.2020, the complainant came to know that the accused is said to have sexually assaulted her minor daughter. Her daughter was taken to the Shifa Hospital and found that she was pregnant. Later, the complainant and his husband approached the accused family for marriage, but the same was refused by them. Hence, complaint came to be filed. After registering the case, the Police arrested the petitioner on 27.01.2021 and he was remanded to the judicial custody. The petitioner approached the Sessions Court for granting bail, which came to be rejected. Hence, the petitioner is before this Court.